Terms and Conditions

THESE TERMS AND CONDITIONS, AS SET FORTH HEREIN (HEREINAFTER “TERMS AND CONDITIONS”), APPLY BETWEEN APPLICANT/CUSTOMER (HEREINAFTER “CUSTOMER”), ON THE ONE HAND, AND, ON THE OTHER, BOLD CITY LOGISTICS LLC D/B/A LOGISTICS WORLDWIDE (HEREINAFTER “LW”), AS CONSIDERATION FOR THE USE OF LW’S SERVICES AND/OR THE ADVANCEMENT OF CREDIT TO CUSTOMER BY LW. CUSTOMER EXPRESSLY AGREES TO THE TERMS AND CONDITIONS SET FORTH HEREIN AND THESE TERMS AND CONDITIONS ARE EXPRESSLY INCORPORATED INTO LW’S ACCOUNT APPLICATION, WHICH MAY BE SIGNED BY THE CUSTOMER IN WRITING OR DIGITALLY, AS REFERENCED AT THE SITE LOCATION OF THESE TERMS AND CONDITIONS ON LW’S WEBSITE, (WWW.LOGISTICSWORLDWIDE.COM).

CUSTOMER AGREES TO THESE TERMS AND CONDITIONS, WHICH NO AGENT OR EMPLOYEE OF THE PARTIES MAY CHANGE, ALTER OR IN ANY WAY TRANSFORM, EXCEPT AS STATED IN THE SECTION BELOW ENTITLED “CHANGES TO TERMS AND CONDITIONS”. THESE TERMS AND CONDITIONS SHALL APPLY TO ALL SHIPMENTS OF CUSTOMER.  IN THE CASE OF CONFLICT BETWEEN THE TERMS AND CONDITIONS CONTAINED HEREIN AND THOSE SET FORTH IN THE INDIVIDUAL SELECTED CARRIER’S GENERAL RULES TARIFF, THE SELECTED CARRIER’S GENERAL RULES TARIFF SHALL CONTROL AS TO CUSTOMER; HOWEVER, UNDER NO CIRCUMSTANCE SHALL THE SCOPE OF LW’S LIABILITY BE GREATER THAN SPECIFIED IN THESE TERMS AND CONDITIONS.

CUSTOMER ACKNOWLEDGES AND AGREES TO ALL OF THE FOLLOWING: THAT LW HOLDS BROKER LICENSE MC-662433-B ISSUED  BY THE FEDERAL MOTOR CARRIER SAFETY ADMINISTRATION, AND THAT LW OPERATES THEREUNDER AS A FREIGHT BROKER, ARRANGING FOR THE TRANSPORTATION OF FREIGHT (EXCEPT HOUSEHOLD GOODS), BY MOTOR VEHICLE;  THAT LW IS NOT A MOTOR CARRIER OR FREIGHT FORWARDER AND DOES NOT OPERATE AS A CARRIER OF ANY KIND; THAT BROKER IS NOT IN THE BUSINESS OF OPERATING MOTOR VEHICLES TO TRANSPORT SHIPMENTS AND THUS IS NOT SUBJECT TO FMCSA REGULATIONS GOVERNING MOTOR CARRIER SAFETY; THAT LW DOES NOT TAKE POSSESSION, CUSTODY OR CONTROL OF THE CARGO OR PROPERTY AT ANY TIME AND HAS NO LIABILTY FOR CARGO LOSS, DAMAGE OR DELAY CLAIMS; THAT WHEN LW IS PROVIDING SERVICE, INCLUDING OBTAINING FREIGHT QUOTES FROM MOTOR CARRIERS FOR CUSTOMER’S SHIPMENT, PROVIDING SUCH QUOTES TO CUSTOMER TO ALLOW CUSTOMER TO SELECT THE CARRIER, AND ARRANGING FOR THE SELECTED MOTOR CARRIER (OR MOTOR CARRIERS) TO PROVIDE TRANSPORTATION SERVICES FOR CUSTOMER AND/OR FOR CUSTOMER’S SHIPMENT, LW IS ACTING AS AN INDEPENDENT CONTRACTOR, AND NOT AS AN AGENT OF CUSTOMER; THAT LW IS AUTHORIZED BY CUSTOMER TO ENGAGE ANOTHER LICENSED FREIGHT BROKER TO HELP ARRANGE TRANSPORTATION SERVICE FOR CUSTOMER IF LW, IN ITS SOLE DISCRETION, DEEMS IT TO BE BENEFICIAL;  THAT LW IS NOT RESPONSIBLE FOR SELECTING A CARRIER THAT PROVIDES FULL CARMACK AMENDMENT COVERAGE FOR THE VALUE OF THE CARGO WITH RESPECT TO CLAIMS FOR LOSS, DAMAGE OR DELAY TO CARGO; THAT LW IS NOT RESPONSIBLE FOR CONDUCTING RESEARCH OF ANY KIND TO DETERMINE IF A CARRIER LIMITS ITS LIABILITY WITH RESPECT TO CLAIMS FOR LOSS,  DAMAGE, OR DELAY TO CARGO; THAT CUSTOMER ACKNOWLEDGES AND UNDERSTANDS THAT CARRIERS GENERALLY HAVE LIMITATION OF LIABILITY PROVISIONS IN THEIR TARIFFS REGARDING CARGO LOSS, DAMAGE, OR DELAY CLAIMS; THAT CUSTOMER AGREES THAT IF IT WANTS A CARRIER TO BE RESPONSIBLE FOR OR LIABLE FOR LOSS,  DAMAGE OR DELAY TO CARGO OR OTHERWISE, THAT CUSTOMER WILL CONTACT CARRIER DIRECTLY AND REQUEST SUCH COVERAGE AND PAY THE COST THEREOF OR CUSTOMER WILL SEEK TO OBTAIN AND PAY FOR PRIVATE INSURANCE ON ITS OWN TO COVER THE VALUE OF THE CARGO (IN WHOLE OR IN PART) IN THE EVENT OF LOSS, DAMAGE OR DELAY TO THE CARGO; AND THAT CUSTOMER ACKNOWLEDGES THAT LW DOES NOT OFFER OR PROVIDE INSURANCE COVERAGE AND THAT LW IS NOT RESPONSIBLE FOR OR LIABLE FOR CARGO LOSS, DAMAGE OR DELAY UNDER ANY CIRCUMSTANCE.

Additional Terms and Conditions:
Rates – Less Than a Truck Load (“LTL”) rates are based on the freight class as determined by the NMFC (National Motor Freight Classification), weight and dimensions, and number of lineal feet of the shipment. Truck Load (“TL”) rates are based on Dock Door Pickup/Dock Door Delivery and Shipper Load/Consignee Unload and are state to state and mileage based. Additional charges may apply for charges including but not limited to, Tractor Detention, Trailer Detention, Driver Assistance, and Layover; Detention charges generally begin to accrue after one hour.  Van Line rates are driven by state to state/mileage, weight (actual or density) and commodity/product type. Flatbed rates are based on equipment type, state to state/mileage and weight. If a flatbed shipment requires tarping and/or excessive dunnage or contains oversize freight, additional charges and transit days may apply. All displayed transit times are estimates only and do not include day of pickup. Pickup dates are not guaranteed and if an appointment is needed for delivery at the consignee it may add an additional day or more of transit time.

Terms of Payment - All Customers are subject to credit approval. LW intends to perform a credit check based on the information provided at the time of enrollment by the Customer. The amount of credit, if any, granted to the Customer is at the sole discretion of LW. Subject to approval of Customer’s credit, net payment shall be due 15 days from invoice date (unless otherwise noted in writing) because, in many cases, LW has agreed to pay its carriers based on 10 day payment terms in order to receive lower rates from its carriers; thereby allowing LW to charge lower rates to Customer.  Past-due invoices are subject to a service charge, calculated on the outstanding balance, at the lesser of (i) the rate of one and one-half percent (1 1/2%) per month or (ii) the highest legal rate authorized by applicable law. The service charge is not intended as an alternative to payment when due, and upon delinquency further purchases may be declined and the Customer’s account may be referred for collection. Customer agrees to pay all costs including reasonable collection costs, attorney’s fees and expenses related to the enforcement of applicant’s obligations hereunder.
The Customer is liable for all charges payable on account of such Customer's shipment, including but not limited to transportation, fuel and other applicable accessorial charges, including all adjustments issued by the carrier(s) after the shipment, and all duties, customs assessments, governmental penalties and fines, taxes, and LW's attorney fees and legal costs allocable to this shipment and/or all disputes related thereto. Customer agrees to pay any convenience fees charged by LW related to the payment of services via credit card or other electronic payment methods.
LW shall have a lien on the shipment for all sums due to LW relating to this shipment or any other amounts owed by Customer. LW reserves the right to amend or adjust the original quoted amount or re-invoice the Customer if the original quoted amount was based upon incorrect information provided at the time of the original quote or if additional services by the carrier were required or otherwise authorized by the Customer to perform the pickup, transportation and delivery functions therein. Regardless of whether paying by credit card (for which there is a 3% credit card convenience fee added to the total amount of the invoice), electronic funds in advance of the shipment (“Pre-Pay”), or under payment terms for credit extended by LW to Customer, the Customer agrees it will be responsible for all charges payable, including any adjustments, on account of such Customer's shipment. These charges and adjustments, if any, may be automatically debited from the Customer's credit card or bank account. Customer is permitted ten (10) business days from the date of the invoice to dispute any invoiced charges. If LW does not receive a written dispute within the allowable ten (10) business days, the Customer’s right to dispute the invoiced charges is waived and any subsequently received dispute or objection will be denied by LW.  LW reserves the right, at its sole discretion, to refuse any shipment at any time.

Warranties - The Customer is responsible for and warrants their compliance with all applicable laws, rules, and regulations including but not limited to customs laws, import and export laws and governmental regulation of any country to, from, through or over which the shipment may be carried. The Customer agrees to furnish such information and complete and attach to the Bill of Lading such documents as are necessary to comply with such laws, rules and regulations. LW assumes no liability to the Customer or to any other person for any loss or expense due to the failure of the Customer to comply with this provision. Any individual or entity acting on behalf of the Customer in scheduling shipments hereunder warrants that it has the right to act on behalf of the Customer and the right to legally bind Customer.

Bills of Lading - All Bills of Lading are NON-NEGOTIABLE and have been prepared by the enrolled Customer or by LW on behalf of the Customer and shall be deemed, conclusively, to have been prepared by the Customer. Any unauthorized alteration or use of Bills of Lading or tendering of shipments to any carrier other than that designated by LW, or the use of any Bill of Lading not authorized or issued by LW shall VOID LW's obligations to make any payments relating to this shipment and VOID all rate quotes. If the Customer does not complete all the documents required for carriage, or if the documents which they submit are not appropriate for the services, pick up or destination requested, the Customer hereby instructs LW, where permitted by law, to complete, correct or replace the documents for them at the expense of the Customer. However, LW is not obligated to do so. If a substitute form of Bill of Lading is needed to complete delivery of this shipment Customer hereby grants LW authority to complete the document and if LW completes that document, the terms of this Bill of Lading will govern. LW is not liable to the Customer or to any other person for any actions taken on behalf of the Customer under this provision.

Limitations of Liability and Claims - LW has no responsibility, liability or involvement in the issuance of insurance, the denial of insurance, or in the payment of claims. LW does not carry insurance for customers. Any insurance purchased is purchased directly through the trucking company used. The individual carrier's governing General Rules Tariff determines the standard liability cargo insurance coverage offered by all carriers. If the shipment contains freight with a predetermined exception value, as determined by the selected carrier, the maximum exception liability will override the otherwise standard liability coverage. Insurance information will be provided to the customer upon request.

LW will attempt to assist in the resolution of freight claims, but has no responsibility or liability related to any claim. Customer is responsible for timely providing LW the required information to substantiate and file the claim, otherwise the claim may be denied by the carrier as being untimely. All freight cargo claims must be submitted immediately to LW to help ensure timely resolution. If the loss or damage is apparent, the consignee must note such loss or damage information on the bill of lading/delivery receipt at the time of delivery. If the loss or damage is not apparent (concealed), the Customer must contact LW within 3 days after the consignee takes delivery. LW’s charges must be paid before it will assist in the filing of the freight claim against the carrier and the filing of a claim does not relieve Customer or the responsible party from payment of LW’s charges. Freight payment is necessary before a carrier will process a claim.

LW is not liable for any loss, late-delivery, non-delivery, or consequential damages caused by the act, default or omission of the carrier, Customer or any other party who claims interest in the shipment, or caused by the nature of the shipment or any defect thereof. LW is not liable for losses, late-delivery or non-delivery caused by violation(s) by the Customer of any of the TERMS AND CONDITIONS herein or  the terms and conditions contained in the Bill of Lading or of the carrier's General Rules Tariff including, but not limited to, improper or insufficient packing, securing, marking or addressing, or of failure to observe any of the rules relating to shipments not acceptable for transportation or shipments acceptable only under certain conditions. LW is not liable for losses, late delivery or non-delivery caused by the acts of God, public enemies, public authorities, acts or omissions of Customs or quarantine officials, war, riots, strikes, labor disputes, weather conditions or mechanical delay or other equipment or labor problems. LW is not liable for carrier’s failure to comply with delivery or other instructions from the Customer or other persons.

LW MAKES NO WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, WITH REGARD TO DELIVERIES OR WITH REGARD TO LW’s WEBSITE, INFORMATION PROVIDED ON LW’s WEBSITE OR SERVICES RELATED TO TRANSACTIONS CONDUCTED ON LW’s WEBSITE. LW CANNOT GUARANTEE DELIVERY BY ANY SPECIFIC TIME OR DATE.

IN NO EVENT, SHALL LW BE LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL, PUNITIVE, MULTIPLE OR CONSEQUENTIAL DAMAGES, INCLUDING BUT NOT LIMITED TO, LOSS OF OPPORTUNITY, LOSS OF PROFITS, INCOME, DATA OR USE INCURRED BY CUSTOMER OR ANY THIRD PARTY, WHETHER IN AN ACTION OF CONTRACT, TORT OR EQUITY, EVEN IF LW HAD KNOWLEDGE THAT SUCH DAMAGES MIGHT BE INCURRED.

IN THE EVENT A DULY AUTHORIZED COURT FINDS THAT LW HAS BREACHED THIS AGREEMENT OR FINDS LW TO BE LIABLE FOR ANY OTHER REASON, ITS LIABILITY SHALL BE LIMITED TO THE FEES THAT LW HAS EARNED WITH RESPECT TO THE SHIPMENT OR SHIPMENTS INVOLVED IN THE BREACH/DISPUTE.

Indemnification - CUSTOMER AGREES TO  DEFEND, INDEMNIFY, AND HOLD LW AND ITS AFFILIATES, DIRECTORS, OFFICERS, AGENTS, EMPLOYEES, AND CONTRACTORS HARMLESS FROM AND AGAINST ALL CLAIMS, PROCEEDINGS, CAUSES OF ACTION AND SUITS ALLEGED TO ARISE OUT OF OR RELATE TO (I) ANY ACT, OMISSION, OR BREACH OF ANY PROVISION OF THIS AGREEMENT BY CUSTOMER OR NEGLIGENCE OF CUSTOMER OR ANY OF ITS AFFILIATES OR THEIR DIRECTORS, OFFICERS, AGENTS, EMPLOYEES, OR CONTRACTORS; AND (II) ANY ACCIDENT, INJURY, OR DAMAGE WHATSOEVER OCCURRING, TO THE EXTENT ARISING, IN WHOLE OR IN PART, OUT OF NEGLIGENT ACTS OR OMISSIONS ON THE PART OF CUSTOMER OR ANY OF ITS AFFILIATES OR THEIR DIRECTORS, OFFICERS, AGENTS, EMPLOYEES, OR CONTRACTORS.

Liability of Freight Carrier and LW - LW is only a freight broker. LW is not a freight carrier as it does not transport cargo. Therefore, regardless of the terms and conditions of the freight carrier that performs the transportation services for the customer, LW’s liability shall not exceed the limitations of liability set forth in these TERMS AND CONDITIONS. These TERMS AND CONDITIONS, however, shall not serve to affect or limit the liability of the freight carrier performing the transportation services for the Customer. Instead, the terms and conditions of the freight carrier shall control the rights and responsibilities between the Customer and the Freight Carrier. If Customer has any questions regarding carrier insurance or carrier liability, please contact LW for more details.

Forum Selection, Consent to Jurisdiction and Venue, Waiver of Jury Trial and Choice of Law - Any claim, dispute or litigation relating to these Terms and Conditions, any shipment scheduled or tendered hereunder or through LW's website, or relating to any and all disputes between LW and the enrolled Customer, Shipper and/or Consignee and/or Brokers for any enrolled Customer, Shipper and/or Consignee, shall be filed exclusively in the state court situated in Jacksonville, Florida or in the United States District Court for the Northern District of Florida. The Parties hereby consent to the jurisdiction and venue of such court and hereby waive the right to a jury trial. Except as otherwise stated in these Terms and Conditions, each Party shall bear its own costs of litigation, including attorney’s fees. The Parties desire that the provisions of this Agreement will have precedence over any state law provisions or federal law provisions, except Title 49, governing or dealing with the specific provisions of this Agreement; and except as noted, the laws of the United States and the state of Florida shall apply, without regards to choice-of-law rules of Florida or any other jurisdiction.

Changes to Terms & Conditions – Customer agrees to be bound by all of the TERMS AND CONDITIONS contained herein. LW may modify these TERMS AND CONDITIONS from time to time, upon mailing notice of such change to Customer at the address shown on LW’s records or by posting the most up to date terms and conditions on its website, www.logisticsworldwide.com. Such changes shall be effective for all transactions between LW and Customer after the date of the notice / posting.

Website Access - Customer agrees that all user I.D’s, passwords, and information viewed on the web site shall be kept in strict confidence by all persons receiving access, and Customer warrants that no person shall in any way attempt to view information other than that permitted by the limited access granted, or attempt to modify any aspect of the web site. Customer also agrees that it shall not knowingly populate the web site with data that is inaccurate, or in any way corrupted so as to cause damage to the web site or any of the other data situated on the web site. Customer further agrees to indemnify and hold LW harmless from any and all damages, costs, actions, causes of action, regardless of nature, including but not limited to court costs and attorney’s fees, which may arise from, out of or in connection with any act or omission of any person (whether or not an employee of agent of Customer) who gains access to, alters, or adds any data or information on the web site as a direct or indirect result of the access granted by LW. Customer acknowledges that LW reserves the right to terminate any and all access to the web site granted to any person pursuant to this or any other application, which termination of access may occur at any time, with or without notice, and for any reason or for no reason, in LW’s unfettered discretion.

APPLICANT/CUSTOMER’S SIGNATURE ON THE LW’s ACCOUNT APPLICATION OR ON LW’S WEBSITE AT WWW.LOGISTICSWORLDWIDE.COM ATTESTS SOLVENCY, ABILITY AND WILLINGNESS TO PAY LW’S INVOICES IN ACCORDANCE WITH THE TERMS AND CONDITIONS ESTABLISHED HEREIN. APPLICANT’S REPRESENTATIVE, BY AGREEING TO THESE TERMS AND CONDITIONS ON WWW.LOGISTICSWORLDWIDE.COM OR BY SIGNING THE LW ACCOUNT APPLICATION, REPRESENTS AND WARRANTS THAT SHE/HE HAS BEEN DULY AUTHORIZED TO MAKE THE STATEMENTS CONTAINED HEREIN AND TO BIND APPLICANT TO THE TERMS AND CONDITIONS SET FORTH HEREIN; AND FURTHER REPRESENTS AND WARRANTS THAT THE INFORMATION AND DOCUMENTS PROVIDED TO LW  (INCLUDING, WITHOUT LIMITATION, ANY ADDITIONAL SHEETS ATTACHED HERETO AND IN THE FINANCIAL STATEMENTS DELIVERED IN CONNECTION HEREWITH), ARE TRUE, CORRECT AND COMPLETE.
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Terms and Conditions
